Ship arrest refers to the
civil law
Civil law may refer to:
* Civil law (common law), the part of law that concerns private citizens and legal persons
* Civil law (legal system), or continental law, a legal system originating in continental Europe and based on Roman law
** Private la ...
procedure whereby a ship or similar marine vessel may be arrested by
judicial process and held under
state
State may refer to:
Arts, entertainment, and media Literature
* ''State Magazine'', a monthly magazine published by the U.S. Department of State
* ''The State'' (newspaper), a daily newspaper in Columbia, South Carolina, United States
* '' Our ...
authority in a particular
jurisdiction
Jurisdiction (from Latin 'law' + 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels.
Ju ...
pending the determination of present or future claims relating to the vessel. The ship is detained by judicial process for the purpose of securing a maritime claim, or for unseaworthiness and certain other conditions.
A ship may be "arrested" and detained in port by a court order in support of a
maritime lien claim by creditors against the vessel.
The grounds upon which a ship may be arrested vary under the legal systems of different countries. But common grounds which may permit arrest may include:
* damage to cargo carried by the ship
* damage caused by a collision with the ship
* to protect a
mortgage
A mortgage loan or simply mortgage (), in civil law jurisdicions known also as a hypothec loan, is a loan used either by purchasers of real property to raise funds to buy real estate, or by existing property owners to raise funds for any pu ...
or
maritime lien over the ship
* unpaid
pilotage
Piloting or pilotage is the process of navigating on water or in the air using fixed points of reference on the sea or on land, usually with reference to a nautical chart or aeronautical chart to obtain a fix of the position of the vessel or air ...
or
towage relating to the ship
International Conventions
A number of international conventions have been entered into in relation to arrest of ships under maritime law. They include:
*
International Convention on Arrest of Ships (1999)
*
International Convention for the unification of certain rules relating to Arrest of Sea-going Ships, 1952
References
{{DEFAULTSORT:Admiralty Law
International law